Oles v. Dubinsky
Massachusetts Supreme Judicial Court
Two actions of tort, the first by a married woman for personal injuries sustained on May 9, 1916, by the giving way of a step of a common stairway leading to the cellar of a three-story house owned by the defendant in which the plaintiff with her husband occupied the top floor as tenants of the defendant, and the second action by the husband of the plaintiff in the first action for expenses incurred by reason of her injuries.
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Two actions of tort, the first by a married woman for personal injuries sustained on May 9, 1916, by the giving way of a step of a common stairway leading to the cellar of a three-story house owned by the defendant in which the plaintiff with her husband occupied the top floor as tenants of the defendant, and the second action by the husband of the plaintiff in the first action for expenses incurred by reason of her injuries. Writs dated July 22, 1916.' In each case the answer alleged that the negligence of the plaintiff in the first case contributed to her injury. In the Superior Court the…
1Opinion of the CourtDe Courcy, J.
The plaintiff Jennie Oles (herein referred to as the plaintiff) occupied the top floor of a three-story apartment Abuse, as tenant of the defendant. She was injured while descending a “bulkhead” stairway, leading from the yard to the cellar. On the evidence this was a common stairway for the use of - all the tenants, and its control remained in the landlord. The defendant consequently owed the plaintiff the duty of using reasonable care to keep it in as safe a condition for its intended use as it was or appeared to ,be at the beginning of the tenancy. Looney v. McLean, 129 Mass. 33. Andrews…
2Cases cited5 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Ward v. BlouinMassachusetts Supreme Judicial Court · 1911
- Stagnaro v. FitzgeraldMassachusetts Supreme Judicial Court · 1916
3Cited by9 opinions
- Angevine v. HewitsonMassachusetts Supreme Judicial Court · 1920
- McKenna v. GrunbaumIdaho Supreme Court · 1920
- Berg v. ElderMassachusetts Supreme Judicial Court · 1935
- Urserleo v. RosengardMassachusetts Supreme Judicial Court · 1924
- Crudo v. MiltonMassachusetts Supreme Judicial Court · 1919
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